Oh, What a Tangled Web We Weave: Hegemony, Freedom of Contract, Good Faith and Transformation - Towards a Politics of Friendship in the Politics of Contract

Abstract

The article is an historical excavation of the hegemonic ordering in the South African law of contract in which freedom of contract remains the privileged fundamental value at the expense of good faith. The article argues for an increased role for good faith in the South African law of contract as a matter of constitutional congruence.